The Legality of Search and Seizure in DUI Cases provides an authoritative, insider's perspective on best practices for identifying and litigating Fourth Amendment violations during a DUI defense. Featuring experienced DUI defense practitioners from around the country, this book guides the reader through the proper search and seizure procedures and NHTSA standards that law enforcement should follow during the initial stop, investigation, and DUI arrest. These authors discuss the mistakes that officers make during the process, analyzing how lawyers can explore and exploit the errors to have the evidence and arrest suppressed. Looking at the evidentiary factors that come into play, these attorneys also evaluate the types of evidence to collect and examine, strategies for cross-examining expert witnesses, the impact of new technology on evidence, and how to help clients understand the search and seizure issues that arise during a DUI case. Finally, these leaders examine the latest trends and case law in the enforcement of DUIs and the prosecution of cases, reflecting on how they impact defense strategies, clients, and counsel. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts on the keys to success within this controversial field.
Inside the Minds provides readers with proven business and legal intelligence from leading C-Level executives and lawyers. Each chapter offers thought leadership and expert analysis on an industry, profession, or topic, providing a future-oriented perspective and proven strategies for success. Each author has been selected based on their experience and C-Level standing within the business and legal communities.
1. Benjamin L. Luftman, Partner, Luftman, Heck & Associates LLP -"Proven Strategies to Effectively Assert Your Client's Fourth Amendment Rights"
2. David E. Camic, Managing Partner, Camic Johnson Ltd. - "Understanding the Complexities of a DUI Search and Seizure from the Defendant's Perspective"
3. Gerald A. Lord, Partner, MPL Law Firm LLP - "Integrating Search and Seizure Issues into a DUI Defense"
4. Julio Cesar Argueta, Partner, Soffietti, Johnson, Teegen, Phillips & Argueta Ltd. - "Attacking Search and Seizure During a DUI Case"
Appendix A: Sample Motion to Suppress
Appendix B: Probable Cause Checklist
Appendix C: Schmerber v. California
Appendix D: People v. Shafer